Dallas BWI Lawyer

Floating Field Sobriety Tests

Many people wonder how a person on a boat can fail a field sobriety test or if they even exist. When people are stopped for suspicions of boating while intoxicated, the lake or river police must employ some sort of test, in many cases, to determine if the person is at all intoxicated or having issues with balance.

The tests employed by water police officers are frequently called “floating” field sobriety tests. Like normal, or non-floating tests, these tests are designed to test a person ‘s coordination and mental state. Many of these tests are designed for individuals to fail. In addition, there are numerous instances of individuals performing the tests perfectly and still being hauled in for boating while intoxicated.

The first test that is commonly employed asks the boater to count from twenty five to one. The test is designed to test pronunciation, frequently a problem among drunken individuals, and the boater ‘s ability to do something that is part of everyday life. There are some obvious problems. Most people probably do not practice counting backwards on a daily basis. In addition, the test doesn ‘t account for speech impediments, foreign accents, or a variety of other things that could change the pronunciation of a specific number.

The next test that is commonly employed is the finger to nose test. This is a wonderful test that requires a suspected drunken boater to touch his or her finger to his or her nose while on a boat. The test is designed to test a boater ‘s hand-eye coordination as well as his or her balance. The biggest problem here is that the boat rocks. Any individual that is standing on a boat can be knocked off balance by a wave or the wake of another boat. These things make it rather difficult to maintain coordination and balance.

Contact a Dallas BWI Lawyer

If you have been charged with boating while intoxicated while enjoying one of the many lakes in the Dallas area, contact the Dallas BWI lawyer of the Law Office of Mark T. Lassiter at (214) 845-7007.

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